In Brief
An appellant claiming descent from Zamindars sought restoration of 5 acres of land from which they were evicted by Defence Estate Officers under the Public Premises Act, 1971. The State Government had filed a suit against them under Section 180 of the U.P. Tenancy Act for possession, claiming unauthorised occupancy. That suit was dismissed in default in 1977, but eviction proceedings under the Public Premises Act continued and succeeded. The Supreme Court held that once a Section 180 suit is dismissed, the occupant becomes a hereditary tenant by operation of law, negating the 'unauthorised occupancy' status required for eviction under the Public Premises Act. The Court set aside the eviction and directed restoration of the land, subject to providing equivalent alternative land to ex-servicemen occupying portions thereof.
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